Beneficial Ownership Registry and Conflicts with Fundamental Rights: Is There Any Tension with the Right to Privacy?
DOI:
https://doi.org/10.7764/rda.14.82852Keywords:
Beneficial ownership, privacy, free access, trade registry, digitalizationAbstract
In November 2022, the Court of Justice of the European Union (CJEU) limited the access of the public to the beneficial ownership registry, which is a tool for the promotion of transparency and the fight against corruption in the financial system, due to an alleged lack of proportionality between free access and the fundamental rights to privacy and personal data protection of those who are part of them. Up to now, in our country we do not have a beneficial ownership registry; however, there are several initiatives aimed at its creation. In this paper, we argue that in Chile the tension raised by the ruling of the European Union between transparency of beneficial ownership registry and fundamental rights to privacy and personal data protection would not take place because, although we do not have such a registry, the national legal culture on records is based on the principles of mandatory and publicity, and the only obstacle is in physical access rather than legal impediments.
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Copyright (c) 2025 Danielle Zaror Miralles, Rodrigo Vargas Acosta
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